Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.4882 of 2025
Sudhir Das @ Suduru Das …. Petitioner(s)
Mr. S. K. Pattnaik, Advocate
-versus-
State of Odisha
…. Opposite Party(s) Mr. S. Pradhan, ASC
CORAM: JUSTICE SIBO SANKAR MISHRA
Order No.
ORDER 15.05.2025
01.
1. Heard.
2. The petitioner is an accused in connection with Kodala P.S. Case No.442 of 2020 corresponding to G.R. Case No.562 of 2020 committed to S.T. Case No.137 of 2022 registered on the allegation of the alleged commission of offences punishable under Sections 286/336/34 of I.P.C. read with Section 4/5 of the E.S. Act pending in the Court of the learned Additional District & Sessions Judge, Kodala.
3. The petitioner had approached the learned court below praying for grant of bail. The learned Court below vide its order dated 23.04.2025 has rejected the bail application of the petitioner. p. 2 Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.
4. The prosecution case in short is that, the informant lodged a written report before the I.I.C., Kodala P.S. alleging therein that on 28.11.2020 at about 2.00 P.M., while he along with other staffs were doing their patrolling duty, they got information that two tractor heads fitted with compressor operated by its driver are making holes on the stone surface at the stone query. To verify the genuineness, the proceeded the spot and on being asked they disclosed their name and by using blasting materials they operating the querry for selling purpose.
5.
Learned counsel for the petitioner submits that the petitioner was granted bail by the learned Additional District & Sessions Judge, Kodala in B.A. No.305 of 2020 on 11.12.2020. However, due to consistent absent before the Court below, the learned Additional District & Sessions Judge, Kodala has issued NBW against him on 20.12.2024. Pursuance to the execution of NBW, he was taken into custody on 16.04.2025. Since then, he is in custody. p. 3
6. Regard being had to the fact that the petitioner has already enlarged on bail, I am inclined to release him on bail, subject to the following additional conditions:- (i) He shall appear before the trial Court on each date on which the case is posted for trial without fail. (ii) He shall not leave the jurisdiction of the trial Court till disposal of the trial. Violation of any of the conditions shall entail
consideration for cancellation of the bail granted to the petitioner. In the event, any of the bail conditions are violated by the petitioner, the prosecution is given liberty to move appropriate application before the Court below for recalling the concession of bail. If such application is moved, the trial Court should decide the application on its own merit.
7. The BLAPL is accordingly disposed of.
(S.S. Mishra)
Judge
Swarna Designation: Senior Stenographer